Striking weakness

The New Year has not stopped old strikes. From today, the Aslef union representing train drivers is staging a rolling series of strikes between now and February 5, with a nineday ban on overtime. Sixteen train operators will be affected, with most facing a single day of total shut-down. Because these will vary across the country, they will result in maximum disruption to travellers with a minimum of loss to the strikers.

Aslef ’s dispute has now dragged on for 20 months and the inconvenience caused has become a routine experience for millions of passengers. But at least a minimum service will now be provided, won’t it? The Government made much of its legislation to require 40 per cent of timetabled services to be operated during strikes. Ministers said it would “help give passengers certainty that they will be able to make important journeys on a strike day”. So why is it not being used?

These minimum service levels need to be set out by the train companies, which issue a “work notice” to specify the staff expected to work. If they do not turn up, the union can forfeit legal protections against being sued for damages or the dismissal of employees. One operator, LNER – which is run by the Department for Transport

– said it would use the powers, only to back down when Aslef threatened to extend its strike from one day to five. Southeastern also considered doing so but pulled back.

Union bosses are reportedly surprised that no operators are planning to use the law, which they oppose and Labour has vowed to repeal. But what is the point of having such a measure on the statute book when even a state-run rail operator is unwilling to use it?